Supreme Court of India · 2000-08-22
JAGDAMBA PRASAD SHUKLA vs STATE OF U.P. .
- Citation / case number
- SC 1998/10839
- Court
- Supreme Court of India
- Petitioner
- JAGDAMBA PRASAD SHUKLA
- Respondent
- STATE OF U.P. .
- Author
- S.P. Bharucha,Y K Sabharwal
- Bench
- S.P. Bharucha,J.,Y K Sabharwal,J.
Judgment text excerpt
The Supreme Court held that the appellant's removal from service was vitiated due to the denial of reasonable opportunity to participate in the departmental enquiry, as he was not paid subsistence allowance during suspension, violating principles of natural justice. The Court found that the High Court erred in stating that the appellant did not raise this issue in earlier proceedings. The Court set aside the High Court's decision and directed reinstatement, emphasizing the necessity of fair procedure under Article 14 and Article 21 of the Constitution.